The Issue of Medical Futility in Modern Practices

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Although courts shy away from cases that deal with a physician refusal to treat a patient they have enacted a law that lends support to this idea. This law is the Do Not Resituate law which currently 49 states have enacted some type of DNR law. A DNR order is a written order that states that CPR should not be provided to the patient. Unless a DNR is written the patient will receive CPR. However a couple of states have provided that “CPR made be withheld from a patient if in the judgment of a treating physician an attempt to resuscitate would be medically futile.” These efforts are considered medically futile “if they cannot restore cardiac function to the position or to achieve the expressed goals of the informed patient.” However a guardian or surrogate of the patient is allowed to override the DNR. Ashley Bassel argues because the courts decided that futility issues are not to believe resolved in court there is a bioethical issue of who is able to make the decision to resolve this dispute. 90% of hospital has a full ethics committee or small team that supposed to perform an ethics consultation. According to the AMA the function of the committee should help to resolve unusual and complicated ethical problems that affect the care and treatment of patients. However whatever the ethic committees says are recommendations not obligations for the institution. However there are many scenarios where these ethics board are unable to solve the tricky problem of upholding the patient or guardian right to make medical decisions as well as the physician’s right to refuse treatment. As well as the case making sure that conflicts on interest to not impede on any ability to make the proper call on a patient health. However ethic comm... ... middle of paper ... ...d Legal Framework for the Problem of Pain Mangement in Emergence Medicine, 33 JL MED AND Ethics 741,748 (2005) Bassel, Ashley. 2010. "Order at the End of Life: Establishing a Clear and Fair Mechanism for the Resolution of Futility Disputes." Vanderbilt Law Review 63, no. 2: 495 Bassel, Ashley. 2010. "Order at the End of Life: Establishing a Clear and Fair Mechanism for the Resolution of Futility Disputes." Vanderbilt Law Review 63, no. 2: 507. A.C., 573 A.2d 1235, 1264 n.2 (D.C. 1990) Barber v. Superior Court of California, 147 Cal. App. 3d 10006, 1017-18, 195 Cal. Rptr. 484 (1983) Rubin, Susan B.. When doctors say No the battleground of medical futility. Bloomington, Ind.: Indiana University Press, 1998, pg 141. Leach v. Shapiro 1984:1015) (Meisel 1995:456-8) American Medical ID website Tenn. Hosp. rules and Regulations 1200-8-4.-.05[5][g]

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